Letter Reminding Employee Of Confidentiality Agreement Template for the United States

When your organization needs to reinforce existing confidentiality obligations with employees, a formal reminder letter provides both legal protection and clear communication. This document references your original confidentiality agreement while emphasizing ongoing duties to protect sensitive business information under United States trade secrets laws.

When do you need this document?

You should send a confidentiality reminder letter when employees transition to new roles with access to different confidential information, before they begin work on sensitive projects involving trade secrets, or when preparing for major business transactions like mergers or acquisitions. This letter is also valuable during routine compliance reviews, when there are concerns about information security practices, or before employees attend industry conferences where they might inadvertently share proprietary information. Many organizations use these reminders proactively during annual reviews or when updating their confidentiality policies to ensure all employees understand their continuing obligations.

Key legal considerations

Your reminder letter must clearly reference the original confidentiality agreement, including its execution date and key provisions, to maintain the legal connection between documents. The letter should specify which types of information remain confidential, including trade secrets, customer lists, pricing information, and proprietary processes covered under the Defend Trade Secrets Act. You must ensure the reminder doesn't create new obligations beyond the original agreement's scope, as this could raise questions about consideration and enforceability under contract law. The letter should acknowledge any legitimate disclosure rights employees have under whistleblower protection laws, including provisions from the Dodd-Frank Act and Sarbanes-Oxley Act. Additionally, you should document the business reason for sending the reminder to demonstrate legitimate interest in protecting confidential information rather than restricting employee rights under the National Labor Relations Act.

Legal requirements in United States

Under federal law, your reminder letter must comply with the Defend Trade Secrets Act's disclosure requirements, which mandate that you inform employees of their rights to disclose trade secrets to government officials for law enforcement purposes. State-specific Uniform Trade Secrets Acts may impose additional requirements for what constitutes reasonable measures to protect confidential information, making formal reminders an important part of your protection strategy. The letter must not interfere with rights protected under the National Labor Relations Act, including employees' rights to discuss working conditions or engage in protected concerted activity. You should ensure compliance with any state-specific employment laws regarding communication with employees and avoid language that could be construed as threatening or retaliatory. The reminder should be documented in the employee's personnel file as evidence of your organization's reasonable efforts to maintain confidentiality, which strengthens enforceability under both federal and state trade secrets laws.